STATE BAN ON SALES TO MINORS CALLED UNCONSTITUTIONAL

SACRAMENTO - A state law intended to bar California retailers from selling or renting violent video games to minors was declared unconstitutional Monday by a federal judge in San Jose who concluded that the legislation violates the First Amendment.

In a 17-page ruling, U.S. District Judge Ronald Whyte permanently blocked the law, which was signed by Gov. Arnold Schwarzenegger in 2005 to address mounting concerns that some violent and mayhem-filled video games incite violent behavior in youth. Among other things, the law required video game publishers to put an "18" label on particularly violent games.

The ruling was expected by video game makers - which have seen similar judgments in other states - but Schwarzenegger immediately vowed to appeal the ruling to the 9th U.S. Circuit Court of Appeals.

Whyte indicated he was "sympathetic" to the concerns of lawmakers, but he found insufficient evidence to continue the law of a connection between violent videos and violence in children.

The evidence does not show that "playing violent video games immediately or necessarily results in real world violence," the judge wrote.

The law, written by Assemblyman Leland Yee, D-San Francisco, hadn't gone into effect; the Video Software Dealers Association and Entertainment Software Association sued the state days after Schwarzenegger signed the measure.

The law, AB 1179, would have prevented those under 18 from buying or renting games depicting serious injury to people "in a manner that is especially heinous, atrocious, or cruel" - a standard that would have been determined by the courts.

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Retailers in violation would have been fined up to $1,000.

Schwarzenegger vowed to "vigorously defend this law."

"I signed this important measure to ensure that parents are involved in determining which video games are appropriate for their children," Schwarzenegger said in a statement.

An association of video game retailers said eight similar laws across the nation had been overturned in the past six years, including in Michigan, Washington and Missouri.

"It is now time for the California Legislature to move beyond political grandstanding," said Bo Andersen, president of the Entertainment Merchants Association, "and accept the video game industry's invitation to work with them to educate the public about video game ratings and encourage parents to utilize those ratings when selecting video games for their families."

Industry's argument

The association, formerly known as the Video Software Dealers Association, challenged the law, arguing that the legislation infringed on free-speech rights and that the issue should be addressed by more parental involvement in the video game habits of their children.

Game makers agreed.

"Video games should be treated as all other forms of entertainment and not unfairly regulated by the Legislature," said Bill Roper, chief executive of San Francisco game developer Flagship Studios. "There can be no better arbiter of what is appropriate entertainment for minors than their guardians."

Yee, now a state senator, said he was surprised and disappointed by the ruling.

"This was an extremely important bill for children," said Yee, who holds a doctorate degree in child psychology. "It was to protect our children from the harmful effects of these ultra-violent video games."

Yee said numerous studies "suggest those individuals who play these ultra-violent video games do report a higher incidence of violent solutions to conflict situations." The problem, he added, is that it's impossible to produce a scientific study to prove that correlation because children can't be forced to participate in such a study.

While hard evidence may be lacking, Mary Wiberg, executive director of the California Women's Commission, a state agency that supported the measure two years ago, said she's convinced that some young men who play violent video games grow up to abuse women.

Theater owners

The case, like similar lawsuits in other states, was watched by the National Association of Theater Owners for possible reverberation in the movie industry, which has fought off government attempts to legislate enforcement of ratings systems.

The association's president and chief executive, John Fithian, said the constitutional precedent set by Monday's ruling was consistent with courts that have analyzed voluntary industry ratings.

Theaters, he said, can block children under 17 from watching certain movies deemed violent similar to the way video game resellers warn young customers about violent video games: through labeling and packaging.

"It's voluntary action from the movie theater, just as it is voluntary action from the retailer selling a video game," Fithian said. "You don't have an absolute right to go onto private retail property and buy things. You're allowed in and the companies can set the policies for admission they want to set."

Most games sold in retail stores are rated by the Entertainment Software Rating Board, a non-profit established 13 years ago which encourages stores to prohibit minors from purchasing software labeled "M" for "Mature 17+" and "A" for adults.

Legislative efforts probably won't stop with Monday's decision, said Michael Pachter, a research analyst at Wedbush Morgan. "I think politicians are going to get a bit more clever about how to craft these laws."